Fiorito v. Saad
ORDER ADOPTING 51 REPORT AND RECOMMENDATION. This Court ORDERS that respondents Motion for Summary Judgment [Doc. 22 is GRANTED, petitioners Motion for Summary Judgment [Doc. 33 is DENIED, and the petitioners Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1 be DENIED and DISMISSED WITHOUT PREJUDICE. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. This Court hereby DENIES a certificate of appealability. Signed by District Judge John Preston Bailey on 8/28/17. (njz) copy mailed to pro se pet via cert. return rec't mail (Additional attachment(s) added on 8/28/2017: # 1 Certified Mail Return Receipt) (njz).
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